Fitness to work - Contract of Employment

This issue arises where an employee has had lengthy sickness absence. Most employers and certainly Employment Tribunals expect employers to be sympathetic to employees who are genuinely ill. A number of issues of medical confidentiality arise, in what circumstance can the employer ask the employee to have a medical examination? Who has access to the results of such an examination? What subsequent action should the employer take. See the disciplinary section for more discussion on these issues.

In the meantime it is worth including a clause in the contract of employment which gives the employer the right to require the employee to attend a medical examination where there has been a prolonged absence from work. In addition needs a clause which gives the company medical advisor the right to see the report of such an examination.

Example Clauses

Example 1.

If the Company has reasonable grounds it may require the Manager to undergo a medical examination to determine his fitness to undertake his duties, and the Manager shall give full co-operation. The Manager hereby consents to the Company Doctor receiving the report of that medical examination on matters relevant to his present and future employment and to the Company Doctor advising the Company of his opinion as to the suitability of the Manager to undertake his duties.

Example 2.

The Manager hereby consents to the Company Doctor receiving the report of that medical examination, the contents of which shall remain confidential between him and the Company Doctor.

Example 3.

If the Company has reasonable grounds it may require you to undergo a medical examination to determine your fitness to undertake your duties, and you shall give full co-operation. You also consent to the Company Doctor receiving the report of that medical examination on matters relevant to your present and future employment and to the Company Doctor advising the Company of his opinion as to the suitability of you undertaking your duties.